US EPA to release biofuel blending mandate rule by June 21

Reuters

Published Jun 13, 2023 10:53AM ET

Updated Jun 13, 2023 03:01PM ET

By Stephanie Kelly and Jarrett Renshaw

NEW YORK (Reuters) -The U.S. Environmental Protection Agency is expected to release a final rule on biofuel blending volume mandates for the years 2023-2025 by June 21, after seeking a one-week extension on a deadline for the rule, according to a court document on Tuesday.

The EPA was set to issue a final rule by Wednesday under a court-ordered deadline, but has agreed to an extension with industry trade group Growth Energy, the filing showed. Reuters reported the delay earlier on Tuesday, citing anonymous sources.

The EPA will not seek a further extension for the deadline, the agency said on Tuesday in a statement.

Growth Energy and the EPA submitted a consent decree agreement to the U.S. District Court for the District of Columbia in July 2022 that required the agency to finalize 2023 renewable fuel volume requirements no later than June 14, 2023.

The final rule is set to mark a new chapter of the Renewable Fuel Standard (RFS) program, which is more than a decade old. While Congress set out specific goals for the program through 2022, the law expands the EPA's authority for 2023 and beyond to change the way the RFS is administered.

The RFS is an often contentious law that can pit the oil and biofuel industries against each other. Ethanol producers and corn farmers like the mandates because they provide a market for their products, while the oil industry finds the requirements too pricey.

This most recent iteration of the RFS has brought in additional stakeholders, after the EPA in December proposed to include for the first time a pathway for electric vehicle manufacturers to generate lucrative credits under the rule.

The EPA is expected to abandon that part of the proposal in the final rule, Reuters previously reported, citing sources.

Also under the December proposal, the EPA would require oil refiners to add 20.82 billion gallons of biofuels to their fuel in 2023, 21.87 billion gallons in 2024, and 22.68 billion gallons in 2025.